Director of Public Prosecutions v Barker and Nichols

[2021] VCC 1787

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 20-01454

CR-20-01457

DIRECTOR OF PUBLIC PROSECUTIONS

v

CONRAD BARKER

JAMES NICHOLS

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	4 November  2021
DATE OF RE-SENTENCE:	9 November 2021
CASE MAY BE CITED AS:	DPP v Barker & Nichols
MEDIUM NEUTRAL CITATION:	[2021] VCC 1787

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	MR D. O'DOHERTY	Office of Public Prosecutions
For the Accused Barker For the Accused Nichols	MR M. MCGRATH MR T MARSH	Giorgianni & Liang Stary Norton Halphen

HIS HONOUR:

1So I add to the orders that I neglected to make the other day, but am required to make.  In the case of Mr Barker, your licence is suspended for one day, starting today.  As far as Mr Nichols is concerned, any licence he may hold is cancelled and he is disqualified from holding a licence for six months from today's date.  I apologise for not dealing with this matter earlier, gentlemen.

2MR MCGRATH:  Your Honour, could I ask for an appeals costs fund certificate for today?

3HIS HONOUR:  Yes.  I will give you both appeals costs fund certificates for today.  The error in bringing you here was mine, or the prosecutors in not alerting me to what I should have done last time.

4MR O'DOHERTY:  I thought you would have known, Your Honour.

5HIS HONOUR:  I am too old, Mr O'Doherty. 

6MR O'DOHERTY:  We will share the blame.

7HIS HONOUR:  Mr Barker, have you reported to Corrections yet?

8OFFENDER:  Your Honour, I have.  I rang them Friday.

9HIS HONOUR:  All right.  And when have you got to see them?

10OFFENDER:  I see them tonight.

11HIS HONOUR:  All right.

12OFFENDER:  I will speak to them tonight.

13HIS HONOUR:  Do not drive to them.

14OFFENDER:  No.  It's all over the phone, but I won't drive till tomorrow.

15HIS HONOUR:  All right.  All right.  I will now ‑ ‑ ‑

16MR WEIGL:  Your Honour, can I just mention a matter, sorry, which will be fairly (indistinct)

17HIS HONOUR:  Yes, Mr Weigl.

18MR WEIGL:  Given that it appears that Mr Barker has already driven today and the order suspending his licence is effective today ‑ ‑ ‑

19HIS HONOUR:  It starts now though ‑ ‑ ‑

20MR WEIGL:  It starts now.

21HIS HONOUR:  ‑ ‑ ‑ for one day.

22MR WEIGL:  Yes.

23HIS HONOUR:  It is one day.  I had not disqualified him when he drove to work this morning.

24MR WEIGL:  No, but the order would reflect, for VicRoads, one day and today.  I am just wondering whether 24 hours might be better.

25HIS HONOUR:  Well, I am saying one day because I want him to be able to drive to work tomorrow.

26MR WEIGL:  Yes, Your Honour.

27HIS HONOUR:  I do not want him driving for the rest of the day.

28MR WEIGL:  So starting at whatever time it is now.

29HIS HONOUR:  If he gets pinched this afternoon driving, he will be in deep trouble, but tomorrow he will be all right. 

30MR WEIGL:  Thank you, Your Honour.

31HIS HONOUR:  All right.  Have I missed any other orders, Mr O'Doherty?

32MR O'DOHERTY:  No, Your Honour, but if you have, we will get in touch.

33HIS HONOUR:  Thank you very much.  I will adjourn now until 10.30.

34COUNSEL:  If the Court pleases.  Thank you.

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